Dissertation

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Parliamentary Control and Oversight: A Study on the Performance of Parliamentary Standing Committee on Ministry of Environment & Forests on Environment Related Issues.

MD. [email protected]

Abstract

The scope and limits of parliamentary control and oversight of environmental issues in

Bangladesh are explored in this research. It focuses on individual & collective techniques

of parliamentary control and identify constrains that limit their potential in ensuring

parliamentary accountability to achieve environmental sustainability. The role of

parliament and parliamentary committee on ministry of environment and forest to protect

our environment has largely been analyzed on the basis of collective and individual

activities of the members of parliament from seventh Bangladesh parliament. The

findings have shown that parliamentary committee on ministry of environment and forest

of the 7th parliament had given more importance to the routine matters of the ministry &

its department's activities (e.g., irregularities and corruption) than that of 8th parliament.

In 8th parliament, this committee had dealt with more on environmental issues.

Committees' discussions were general in nature on environmental issues and often

switched to other issues without completion of the discussion. This committee also has

worked in an environment with limited resources, without expertise which was

antagonistic to its natural growth. Although the relationship between this committee &

concerned ministry (environment & forest) had more harmonious during 8th Bangladesh

parliament than of 7th, still standing committee on ministry of environment and forest

needs to do more to protect the country's environment.

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Acknowledgements

The author conveys his heartiest gratitude to Mr. Taiabur Rahman PhD, Associate Professor, Department of Development Studies, University of Dhaka for his invaluable guidance and supervision to the study and in preparing the manuscript. The author also conveys his gratefulness to the Chairman and other teachers of the Department of Development Studies, University of Dhaka for their invaluable suggestions to improve this document. The author also acknowledges the indebtedness to the hon'ble Speaker of Bangladesh Parliament and Chairman of the Standing Committee on Ministry of Environment and Forest for giving approval of this study. The author acknowledges his debt to the officer and staff of committee section-8 of Parliament Secretariat for providing necessary documents for this research.

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Abbreviations

AL Awami LeagueBFIDC Bangladesh Forest Industries Development CorporationBFRI Bangladesh Forest Research InstituteBJS Bangladesh Jatiyo SangsadBNP Bangladesh Nationalist PartyCCF Chief Conservator of ForestDFO Divisional Forest OfficerDoE Department of EnvironmentGOB Government of BangladeshJS Jatiyo Sangsad(Parliament)KAFCO Karnaphuli Fertilizer Company MBA Master of Business AdministrationMoEF Ministry of Environment and ForestMOU Memorandum of UnderstandingMP Member of ParliamentPAC Public Accounts CommitteePD Project DirectorPEC Public Estimate CommitteePMQT Prime Minister's Question TimePS Parliament SecretariatPUC Public Undertaking CommitteeSCM Standing Committee on MinistriesSEMP Sustainable Environmental Management ProgramUODA University of Development Alternative

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Table of Contents

Abstract.................................................................................................................................iAcknowledgements..............................................................................................................iiAbbreviations......................................................................................................................iiiList of Table and Appendices...............................................................................................vChapter One.........................................................................................................................1

Introduction......................................................................................................................1Justification of Research..................................................................................................2Broad and Specific Objectives of the Research...............................................................3Methodology....................................................................................................................4Theoretical/ Conceptual Framework................................................................................4

Accountability..............................................................................................................5Parliamentary Control & Legislative Oversight...........................................................5Mechanisms of Parliamentary Control and Oversight.................................................5Parliamentary Control & Oversight: Individual Methods............................................6Committees as a Collective Means of Accountability.................................................7

Chapter Two.........................................................................................................................9Bangladesh Parliament & Means of Accountability........................................................9Enforceability of Individual Techniques........................................................................10Enforceability of Committee System.............................................................................10

Chapter Three.....................................................................................................................11Types of Committees in Bangladesh..............................................................................11Standing Committee.......................................................................................................11Select Committee/Special Committee............................................................................11Standing Committees on Ministries (SCMs).................................................................11Committee Structure......................................................................................................12

Chapter Four.......................................................................................................................13Committee at Work........................................................................................................13Formation of SCM on Environment and Forest.............................................................13Background Characteristics of Committee Members....................................................13Activism of the SCM on Environment and Forest of 7th Parliament............................14

Committee Recommendations & Relevancy.............................................................15Committee - Ministry Relationship............................................................................17Implementation Status of Recommendations.............................................................18

Activism of the SCM on Environment and Forest of 8th Parliament............................18Committee Recommendations & Relevancy.............................................................20Implementation Status of Recommendations.............................................................22

Committee Resources.....................................................................................................23New Provision for Calling Attention Motions...............................................................23Limitation of Parliamentary Control in Environmental Issues......................................24A Comparative Perspective of SCM on Environment and Forest.................................24Conflict of Interest.........................................................................................................26

Chapter Five.......................................................................................................................27Conclusion......................................................................................................................27Recommendations..........................................................................................................28

References..........................................................................................................................30Appendices.........................................................................................................................33

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List of Table and Appendices

Table 1: Background Characteristics of Committee Members of SCM on Environment and Forest...................................................................................................................13

Appendix 1: Summary of Various Individual Techniques Practicing in Bangladesh Parliament..................................................................................................................33

Appendix 2 : Nature of Activism of Standing Committee on Ministry of Environment & Forest..........................................................................................................................34

Appendix 3: Comparative Findings on Agendas and Recommendations of SCM on Environment and Forest between 7th and 8th Parliament..........................................36

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Chapter One

Introduction

Bangladesh is widely recognized to be one of the most climate vulnerable countries in the world. She experiences frequent natural disasters, which cause loss of life, damage to infrastructure and economic assets, and adversely impacts on lives and livelihoods, especially of poor people. In coming years, it is predicted that there will be increasingly frequent and severe floods, tropical cyclones, storm surges, and droughts, which will disrupt the life of the nation and the economy(MoEF 2008:1).

The environment of Bangladesh has gone on degrading during the last two decades and a half. But the ministry that was exclusively created to address this worsening environmental situation seemed to do little as the environment steadily deteriorated and environmental concerns multiplied and intensified (Rasul 2008). Bangladesh faces many environmental problems both naturally occurring and those caused by humans. The major environmental problems are: deforestation, deteriorating water quality, sea level rise, natural disasters, land degradation, salinity, unplanned urbanization, discharge of untreated sewage and industrial wastes, loss of biodiversity and so on.

According to the allocation of business, matters relating to environment & ecology, environmental pollution control, conservation of forests and afforestation of the country are allocated to the Ministry of Environment & Forest (GOB 2000: 30). Similarly as per Rules of Procedure (hereafter, Rules) of Bangladesh parliament, parliamentary oversight and scrutiny of this ministry's activities are done by Standing Committee on Ministry of Environment & Forest (hereafter, SCM on Environment and Forest). Therefore it is needed to explore the working of this committee to identify the scope & limits of parliamentary control and to what extent this committee are able to protect our environment through exercising its parliamentary duties.

Parliament or Legislature is the supreme representative body of a democratic country. It is the keystone of democratic governance. Lijphart (1991: ix) argues Legislature should probably be regarded the most important institutions in a democracy. The primary function of parliament is to keep in closest touch with the emerging needs and to iterate their urges and aspirations. It has to keep vigilant eye on the executive to ensure that laws and public policies are implemented efficiently and effectively in a way that cause no injustice to any individual or any section of the society (Shrivastava & Shrivastava 1999:2).

Parliamentary committees are ubiquitous and a small group of legislators normally assigned specific organizational tasks. Longley and Davidson (1998:2) observe parliamentary committees increasingly serving as the main center of both legislation and parliamentary oversight of activities.

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There is a several parliamentary means used for enforcing government accountability. It can be group as individual & collective. The collective means of ensuring accountability are a system of committees. Committees demonstrate a unique legislative technique collectively used by MPs to do their oversight job and monitor the governmental actions (Hasanuzzaman 2007:38). Compared with other techniques, committees have better scope to go in deep of a particular matter, examining it in greater detail and exploring possible remedies (Ahmed 2006:24).

The committee system is sometimes referred to as the 'essence of the parliamentary system' and most effective means of monitoring executive (Ahmed & Obaidullah 2008:1). Benda (1997:17) argues committees allow the parliament to perform numerous functions that otherwise might not be conducted at all. Committees have a special role to play in ensuring government accountability. In particular, committees are considered as one of the most important means of keeping the government on its toes.

Committees are an important feature of a parliament. Bangladesh Parliament has no exception. From very beginning it has introduced committees namely standing committees, select committees and special committees. Standing committees are permanent in nature have several categories, the most important of which are standing committees for ministries (hereafter, SCMs). SCMs are parallel to the government departments/ministries.

Some significant changes in the scope of operation of committees have taken place over the years in Bangladesh parliament. In particular, SCMs have wide mandate to examine bills and matters sent by parliament and to review concerned ministries activities and to enquire into irregularities and complaints with respect to ministry and make recommendations to improve them (Rahman M.2008:51; Hasanuzzaman 2007:45). At present, parliament of Bangladesh has 37 SCMs, of which our special attention will be given to the activities of Standing Committee on Ministry of Environment & Forest.

Justification of Research

Parliaments are found around the globe. The legislatures, irrespective of government system, all over the world are the legitimate and representative institutions entrusted with securing public sector accountability (Rahman 2008:1). After 1990s, the increased prominence of legislatures has prompted a greater scholarly interest in their existence and functions (Norton 1998: xi). In fact, legislatures are so pervasive, diverse and resilient makes them a legitimate source of scholarly attention (Norton & Ahmad 1999:1) Committees are seen as [one of] the most effective means of underpinning the authority of the assembly against the executive (Hague & Harrop 1982:157)

Rahman argues that legislatures as a whole have been a relatively unexplored spectrum of research for the social scientists. Very few authoritative researches have been conducted in the arena of parliamentary politics & development. There are some good works on

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parliament & committees working in Bangladesh parliament. Ahmed's book (2002) is a very good piece of scholarly work on the nature and working in parliament of Bangladesh. Another recent scholarly book by Rahman (2008) is an excellent research works on comparative legislature particularly parliamentary committees in south Asia. This research contains in-depth survey of MPs & staffs of parliaments to elicit their opinion of the working of parliaments & its committees to understand the efficacy of parliamentary committee in Bangladesh, India and Sri Lanka.

Ahmed (1997a, 1997b, 1998a, 1998b, 2000, 2001a, 2001b, 2003, 2004) has published widely on different dimension of Bangladesh Parliament. Two scholarly articles (2000, 2001a and one book (2006) are available on the parliamentary committee system of Bangladesh. These are excellent reviews on the role of committees on the government behave (Rahman 2008:4). Another article by M. Rahman (2008) has general information on parliamentary committees and other techniques of accountability ensuring good governance. A chapter by Hasanuzzaman (2007) of a book also presents general overview of the working of committee system of Bangladesh parliament.

The available studies are mostly descriptive in nature and none specifically focus on the Standing Committee on the Ministry of Environment and Forest. Most of the research had focused on three financial committees (PAC, PUC & PEC) and only 7 SCMs (Education, Finance, Health, Post & Telecommunications, Defense, Agriculture, and Establishment). In fact, we have little understandings about SCM on Environment and Forest regarding its types of activities undertakes, the nature of problems it face, and the strategies it adopt to cope with uncertainties. We do not know much about the way(s) members of this committee perceive their role, or /and define inter-role relationships. Nor do we have any 'real' idea about significance of the discussion and recommendations they made in the committee.

It is, therefore, required in-depth analytical study on the role & working of Parliament in general and specifically SCM on Environment and Forest to identify the scope & limits of this committee to protect our environment.

Broad and Specific Objectives of the Research

The broad objective of the research is to explore the scope and limits of parliamentary control and oversight of environmental issues in Bangladesh. It focuses on individual & collective techniques of parliamentary control and to identify constrains that limit their potential in ensuring parliamentary accountability (Ahmed 2006:11) to achieve environmental sustainability.

The specific objectives of the research are: to examine the operations and activities of SCM on Environment and Forest of the 7th, 8th and 9th parliament of Bangladesh; to identify how far recommendations of this committee were implemented and how the performance of the committee can be improved; to compares the nature of activism of this

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committee and role of individual committee members in overseeing the environment issues of 7th, 8th & 9th parliament.

The rationale for selecting committees of 7th, 8th & 9th parliament is that previously committees were headed by ministers. Empirical evidence showed that the minister's presence as chairmen in the committee meetings seriously limited the committees' role as watchdog (Rahman M. 2008:52).

Methodology

The study is critically reviewed, attempted to synthesize & interpret the proceedings of SCM on Environment and Forest, and relevant debates of Bangladesh parliament. The role of parliament and parliamentary committee on environment is largely analyzed on the basis of collective and individual activities of the MPs to protect our environment in securing parliamentary control & oversight. The data were collected in this study through review of available parliamentary studies, examination of the proceedings of parliament & records of decisions of committee, newspapers reports on parliament & committees. Documentary data both primary & secondary were collected from parliament secretariat. Special emphasis was given on two core methods: review of the proceedings of parliament & committee, and compare & contrast the findings.

The review of proceedings was necessary to collect information on different aspects of parliament & committees to make the government accountable. In the examination of proceedings, the focus was given to the frequency of committee meetings; the regularity of member's attendance; the time spent on deliberation and relevancy to the environment; committee mandate; power of agenda setting; expert hearings; enquires; and the committee recourses. Attempts are also made to identify how far recommendations of committee were implemented and how the performance of the committee can be improved. The study compares the nature of activism of this committee and role of individual members in overseeing the environment issues of 7th, 8th & 9th parliament with member's background information.

The collected data have analyzed & compared to measure the performance of SCM on Environment and Forest of 7th, 8th & 9th parliament and put forward suggestions to improve the effectiveness of this committee. Finally it has tried to interpret the result of the study & suggested avenues for future study.

Theoretical/ Conceptual Framework

Parliamentary control or oversight refers to checks on the implementation of the law by the executive and the investigation of some particular issue or controversy. The behavior of officials' can be influenced through parliamentary scrutiny, i.e. they behave as per legislative intention. Accountability is not optional in a democracy; as Sahgal (1999:1)

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observes, it is the price paid in exchange for power and delegation of authority. One of the greatest strengths (and also the pitfall) of the Westminster system is the fusion of the executive and legislative organs of government. The former woes its origins and remains accountable to the latter (Ahmad 2006:17).

Accountability

The concept of accountability is complex and multifaceted (Rahman 2008:8). The traditional concepts of accountability, which presupposes responsibility, hierarchy & and answerability, centers at the heart of the Westminster system of government (Ahmad 2006:19). In a parliamentary democracy system, the parliament represents the people and the government comprises political and administrative executive is accountable to the parliament.

In a modern parliament, accountability is associated with certain procedures such as committee enquires or (in parliamentary system) the questioning of ministers. It also entails with legislative debates or financial authorization or committee hearings where members of the government are required to explain their actions & take the consequences (Rahman 2008:12). Thus legislatures are pivotal institutions for securing accountability (Mulgan 2000:515).

Parliamentary Control & Legislative Oversight

One of the most important functions of the modern legislature is to make the government behave. Both John Stuart Mill and Walter Bagehot considered the legislature as unfit to draft the laws and observed that its proper office was to watch and control the government (Williams 1968: 41). Legislative oversight of administration is desirable because it provides mechanisms by which administer, who implemented public policies, can be hold accountable and their programs can be evaluated (Aberbach.1982:390).

Rockman argues the principle value of justifying "legislative monitoring" of the executive is to ensure the triumph of representative government by lines of accountability running through the organ that embodies popular sovereignty. There are many specific objectives through legislative oversight can be achieved. But the following deserve mention: to check against dishonesty and waste; to guard against harsh & callous administration; to evaluate implementation in accordance with legislative objectives and to ensure administrative compliance with statutory intent (Rockman 1984:414-15)

Mechanisms of Parliamentary Control and Oversight

There is no 'single best way' of ensuring the accountability of the government. Different legislatures may use different methods to realize this objective. Most of the Parliament patterned after the Westminster model utilize almost similar techniques to ask the government to account for its actions. Those can be grouped into two categories:

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individual & collective. The individual category includes a number of techniques, such as question, adjournment motions, half an hour discussion, short duration discussion and call attention motions. Moreover, the formal debates on the president's speech made at the beginning of each calendar year and, in particular, the debates on the budget speech by finance minister also provide some scope to scrutinize the activities of government (Ahmad 2002:108). The best example of the collective method is a system of committee. Bangladesh Parliament is not an exception. MPs of Bangladesh parliament uses both techniques to account the executive. The effectiveness of those techniques is discussed in subsequent sections.

Parliamentary Control & Oversight: Individual Methods

It has been mentioned in the earlier section that a Westminster patterned parliament used both individual & collective methods to control and oversee the government activities. This section focuses on different individual techniques. The most important is questioning ministers, as a means of eliciting information about matters within their official jurisdiction, is a common practice in all parliaments & one of the celebrated functions of parliament (Wiberg 1995:180). Westminster model parliament has provision for both written & oral answer of questions, Bangladesh & UK also uses the prime minister question time (PMQT) exclusively answered by prime minister. Besides questions, a parliament can use several other techniques to securing government accountability. The most important of them is debate. A significant portion of parliament time has spent on debating different types of government policies. Huq (1989:37) observes that a question has to be specific to a particular matter, a committee has its own terms of reference, an adjournment motion, though serious in nature, must be related to a crisis or an urgent problem, the debates provide the members with a series of opportunities to discuss the budget as a whole and the related bills or items at other stages. Westminster patterned parliament also allow different types of adjournment debates, the most important of which is debates on adjournment motions, The Indian parliament also introduced some parliamentary control devices other than British parliament. These techniques are known as: call attention motions, motions for discussion for short duration and half an hour discussion. These are intended to give MPs a better scope to raise issues and, in particular, to dissuade them not to frequently (ab) use the privilege of moving adjournment motions (Ahmed 2006:22). Bangladesh parliament adopted techniques mostly from practice & procedures of Indian parliament.

In comparison to other individual techniques of parliamentary control, questions have greater prominence in respect of time allocation as well as the interests taken by the media & informed public. Question & answer is generally starting business of parliament, is more publicized, & often generates more heat (Ahmed 2006:23). Some parliaments set a time limit for ministers to answer questions (e.g. UK, India). Some allowed asking questions without notice (e.g. Australia, Canada).The usual practice is to give ministers wide latitude in answering questions and to require that questions be on notice. In those systems where the Rules require ministers' to answer questions within a specified period

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of time, there may still be some loopholes that can make the question time more a formality. Ahmad (2002: 110-120) observes partisanship in questions has increased to a great extent over the decades in Britain. Even the PMQT is not an exception. As Alderman (1996:290) argues: "Far from being regarded as a serious method of parliamentary scrutiny of the executive, it now tends to be depicted as a ritualized party political confrontation characterized by a rowdiness ".

Despite drawbacks, questions do serve to keep ministers on their toes. The government can know the grievances, problems and expectations of public and help to educate the people on the activities and policies, programs of the government through parliamentary questions (Kashyap 1989: 90-1). The exposure of secrecy, the puncturing of arrogance, the embarrassment of incompetence or the ridicule of inconsistency can be more effectively depicted at question time than at any other time(Keefe:85-88).

The other individual devices compare both favorably and unfavorably with questions. For example, adjournment debates, which can theoretically, moved at any time, are better focused on accountability. Similarly debates can draw attention to an issue and force a response and even compromise from the government (Franks1997: 153).The budget debates which generally continue quite a long time, offer the MPs an opportunity to examine details of governments financial policy & proposal. The question hour is held quite regularly while adjournment debates are held infrequently. The budget debate and debate on president's address are also an annual affair, although it continues longer than any other debate (Ahmad 2006:23).

Committees as a Collective Means of Accountability

Committees are ubiquitous increasingly serving as the main organizing centre of both legislation and parliamentary oversight over the government (Longley and Agh 1997:3). The impact of a legislature has crucially dependent on its committee arrangements (Shaw 1998:229; Blondel 1990:249). Thomas Reed referred the House committees as 'the eye, the hand and very often the brain of the House' (Shepsle & Weingast 1998:233).

Committees allow the legislature to perform numerous functions that otherwise might not be conducted at all. They are capable of offering committee members a variety of rewards and opportunities, such as encouraging them to build up a more specialized knowledge of policy areas (Emy 1978:406), providing a means of keeping them busy and feeling useful(Rush 1983:151) and granting them more active and rewarding participation in the governing process (Jogerst 1993:26). Therefore committees are considered to be more capable of influencing the behavior of government and administration than the individual methods of accountability (Ahmad 2006:24).

In comparison with other techniques, committees have a better scope to scrutinize a particular issue deeply with breadth and suggest possible remedies. Committees enjoy the power to send for persons, papers and documents. This can have an immediate effect.

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Those responsible for governing have to account for their actions to the committees; this enables committee to keep administrator on their toes effectively (Ahmed 2006:24).

Committees have an important deterrent power to conduct enquires, Unlike individual devices, which can at most prompt the conduct of enquiries, committees can do them on their own. Committees also have right to ask for public submission in many countries.

The individual techniques can be used as partisan purposes to score political points, even can be used as instruments to attack/neutralize political opponents than informed scrutiny of government policy. But committees generally operate along non-partisan lines. Committees provide an important setting for inter-party bargaining and compromise. Experience shows that ministers can not ignore the unanimous recommendations of a bi-partisan committee, especially when the minister's own party has a majority on the committee (Ahmed 2006:25-26).

There is also limitation of committee systems. Committees' activity is hindered by the lack of legislative expertise, the fluidity of committee membership and the absence of competent professional staff (Mezey 1979:68). In most cases, committees are multi-functional bodies. They are charged with scrutinizing bills as well as overseeing the activities of executive departments. Lack of interest of members to serve on committee can also be seen as a deterrent. It is argued that committees which are charged with both functions often tend to focus more on one at the expense of the other. In general, experience shows that parliamentary committees matter more than the individual methods in ensuring government accountability.

Chapter Two

Bangladesh Parliament & Means of Accountability

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In Bangladesh parliament, The Rules provides number of techniques to ask the executive to account for their actions. These can be grouped as individual and collective. This section deals with individual techniques of parliamentary accountability.

The Rules (41-71) describe various individual techniques: questions, adjournment motions, motions for half-an-hour discussion, motions for discussion on matters of public importance for short duration and call attention motions (BJS 2007: 15-24).

Rule 41 specify the first hour of every sitting is available for asking and answering questions except on the day the budget is presented. Additionally first 30 minutes of every Wednesday are available for PMQT. Rule 60 provides MPs an opportunity to ask for half-an-hour discussion on a matter of public importance, which has been the subject of a recent question, and the answer to which needs clarification on a matter of fact. Rules 61-67 provides provisions for a motion of adjournment of the business of the House for the purpose of discussing a matter of recent and urgent public importance. Rules 68-70 provides for discussion on matters of urgent public importance for a short duration. Rule 71 provides an MP to call the attention of a minister to any matter of urgent public importance and the minister may make a brief statement. MPs can also move private members resolutions demanding government actions, or/and support. Besides debates on president's speech, finance minister's budget speech also provides for some scope to the MPs to scrutinize the activities of the government.

Appendix-1 has shown the summary of the scope and limitations of individual techniques. None of the techniques can be moved without advance notice being given to PS. While questions(PMQT every Wednesday) can be asked and call attention motions moved in every sitting day except on the day the budget is presented, half-an-hour discussion and discussion for short duration can be held only twice a week. Moving a short duration discussion required other 5 MPs signature and consent of the leader of the House. A new provision had been introduced in the Rules as 71A (3) at the last session of 8th parliament. As per this rule, a concise written statement by the minister concerned in response to the calling attention notices the members spoke shall be laid on the Table within first three sitting days of the next session1(BJS 2007:24).

Each technique is to meet certain other conditions; in particular, these have to satisfy admissibility criteria before being accepted. The conditional acceptability is necessary to ensure maximum use of parliament's valuable time. But the extent to which these are actually followed and/or the various techniques are capable of securing the accountability of the executive and administration depends on a number of factors, of which two deserve specially mention: the willingness and the ability of MPs to maximum use of them (Ahmad 2002:111).

1 As per rule 71A, a member may speak for two minutes on each calling attention notices which have not

accepted as per rule 71(3) within total time not exceeding thirty minutes a day and only as many members

can speak as may be possible within this time limit.

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Enforceability of Individual Techniques

It is argued from experience that individual techniques are not sufficient to ensure responsible government. The data showed the proportion of answering questions increased gradually, and more questions were answered in the Eight Parliament than Fifth & Seventh Parliament of Bangladesh, the quality of questions, however, is unsatisfactory. Lawmakers ask questions mostly concerning their respective constituencies (Rahman M.2008: 48). Aminuzzaman (1996:17) observes that questions were not often directed at the critical issues & problems that affect public life. He argues that the modes of parliamentary questions are merely informative and explanatory.

M. Rahman (2008:49) shows most disappointingly no adjournment motions were accepted and half-an-hour discussions took place in the Seventh & Eighth Parliaments, short duration discussions were also very marginal. Ahmad (2002:117) observes that one reason for not accepting the motions may be that the governments probably do not want to expose weakness to parliament and the public. For this reason, individual methods are seemingly ineffectual with respect to parliamentary control over executive to ensure accountability.

Enforceability of Committee System

Parliamentary committees in Bangladesh derive their origin to and gain legitimacy from the article 76 of the constitution, makes it mandatory for the parliament to set up a Public Accounts Committee (PAC) and a Privileges Committee (PC) and empowers it to constitute as many standing committees as it considers necessary (GOB 2008b: 30-31). Rules are the other major source of institutional arrangement to keep the vehicle of committee in motion. These Rules specify the composition, appointment, term of office, functions and the main lines of procedure for conducting business (BJS 2007:61-74).

Parliamentary committees formally enjoy important status and extensive powers2. As per Rules, committee can regulate its sittings, conduct its business the way they wants, may appoint as many subcommittees as it considers necessary. Each subcommittee has the power of the main committee. Committee members enjoy immunity for their activities in committees. Committees, however, meet in private and can obtain cooperation & advice from any expert in its field, if deemed necessary.

Chapter Three

Types of Committees in Bangladesh

Bangladesh Parliament has mainly two major types of committee: Standing Committees and Special/Select Committees. The main difference centers on the nature of appointment based on their permanency.

2 For details see Rules of Procedure of Bangladesh Parliament, pp. 61-65

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Standing Committee

These committees are usually appointed by the House/the Speaker for the full tenure of the parliament. Currently, the Bangladesh parliament has 48 committees (37 ministerial committees, three financial committees, eight other committees) of which 40 are standing as mentioned by Rules. Committees have members range from eight to 153. Each ministerial committee (37) and five other committees (Estimate Committee, Library Committee, PUC, Petition Committee and Private Member's Bills Committee) consist of not more than ten members. The Public Accounts Committees (PAC) and Business Advisory Committee are composed of not more than 15 members. Committee on Government Assurance composed of not more than eight members. Committee on Rules of Procedure can accommodate up to 12 members. Speaker appoints Petition committee, Business Advisory committee, House committee and Library committee. The House appoints all other committees by a motion.

Select Committee/Special Committee

Select committees/Special committees are temporary in nature. They are ad hoc bodies and cease to exist as soon their job is completed. These committees meet the demand of the emergency situation. For instance due to the delay in the formation of different ministerial committees in the Seventh and Ninth Jatiyo Sangsad (JS), a special committee was constituted temporarily. The tenure of this committee was ceased after ministerial committees had formed. All the bills and ordinances introduced in the House were sent to this special committee appointed by the House for the purpose. Another parliamentary committee was formed by the Speaker of 9th parliament on 19 March 2009 for investigating the allegations of corruption, abuse of power and irregularities of immediate past speaker of the parliament & others giving one month time to report, they have finished their task on the 9th July 2009 by submitting a report to the parliament.

Standing Committees on Ministries (SCMs)

According to the rule 246 of Rules, every Standing Committee on Ministries shall consist of not more than ten members including the chairmen of the committee. Rule 248 specify each standing committee shall meet at least once in a month and the function of a committee is to examine any bill or other matters referred to it by the parliament, to review the works relating to a ministry which fall within its jurisdiction, to inquires into any activity or irregularity and serous complaints in respect of the ministry and to examine of it deems fit any such others matter as may fall within its scope & to make recommendations.

Committee Structure

3 See Rules 219,222,231,234,236,240,244, 247,249,257& 264.

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According to Rule 246 of the Rules, the standing committees on each ministry shall be formed within 3 sessions of a new parliament. Delay in forming the committees limiting the parliament capability of control & oversight over the executive in an effective manner. In this regard the date of first sitting of the House & that of the formation of committees are crucial to understanding the extent to which the parliament is willing to hold the government accountable from the very beginning of a new parliament. In the 7th parliament, government formed ministerial committees nearly lapse of two years from its inauguration. The 8th parliament also took 20 months to complete the formation of committees unilaterally. Exceptionally, all committees were constituted within first session of the 9th Parliament; this is an improvement in committee formation in the history of Bangladesh Parliament.

As 20 months were lapsed on mere formation of ministerial committees in the eighth JS the entire administrative apparatus of government had been immune from any legislative oversight during this time. The government was a free rider and virtually accountable to none. In Bangladesh, most of the committees are permanent and committee members/chairs are in general appointed for the full term of a parliament. In Bangladesh, average turn over of committee members is around 10 percent due mainly to death, shuffling\reshuffling of committee composition (Rahman 2008:107).

Experience shows that the membership of different committee is generally distributed among different parties in proportion to their strength in the parliament. In Bangladesh, there is no specific rule in the distribution of committee chairs. The ruling party & its alliances usually occupy all the chairs of committees up to last parliament. In the 9th parliament, a significant improvement has seen to distribute committee chairmanship to the main opposition party in the parliament. SCMs on Environment and Forest, and SCMs on Fisheries & livestock are now headed by the main opposion BNP's MP

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Chapter Four

Committee at Work

There are several ways of measuring the nature of activism of a parliamentary committee. Some of the important measures are: the frequency at which committee meetings are held, the regularity of member's attendance, the number of hours spent on deliberation and relevancy to the environment; nature of recommendations committee made and its implementation progress; compliances to the committee mandate; the number of reports prepared over a period of time, power of agenda setting; expert hearings; enquires; and the committee resources.

Formation of SCM on Environment and Forest

In the 7th parliament of Bangladesh, SCM on Environment and Forest was first formed in 12th May 1998 then it was reconstituted on January 25, 2000 due to resign of a member from parliament. In the 8th parliament, this committee had first constituted in 15th July 2003 with 8 members and reconstituted within 3 months replacing one member and finally reformed it replacing two members from ruling party and included two members from main opposition in 16 September 2004. In the 9th parliament committee has formed in the first session with nine members and in the second session reconstituted it to complete its quota of 10 members. It has set a milestone in the history of ministerial committee of Bangladesh parliament selecting an opposition member as a chair of this committee. In examining the composition of this committee from Seventh parliament, the committee members were chosen according to the strength of their political party in the assembly. Therefore, in the 7th, 8th and 9th parliament, this committee had taken 3, 2 & 1 members from main oppossion party respectively.

Background Characteristics of Committee Members

Table 1: Background Characteristics of Committee Members of SCM on Environment and Forest

Background 7th Parliament 8th Parliament 9th Parliament

Educational Qualification

Post graduate 10.00 66.67 60.00 Graduate 50.00 33.33 10.00 Undergraduate 20.00 0.00 0.00 Matriculation 20.00 0.00 30.00

Professional Qualification

Businessmen 60.00 50.00 70.00 Politicians 40.00 50.00 0.00 Lawyers 0.00 0.00 10.00 Others 0.00 0.00 20.00

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Term of MPs

Newcomers 50.00 25.00 50.00 2nd times 20.00 16.67 33.33

3rd times 20.00 33.33 0.00

More than 3rd times 10.00 25.00 20.00

Source: Calculated and compiled by the author from Maniruzzaman (1992),

Rashed (1997), Ahmad (2002), PS (2006), NDI (2009).

Table 1 shows the comparative summary of background characteristics of committee members of SCM on Environment and Forest of 7th, 8th and 9th Bangladesh parliament. Backgrounds are categorized as educational, professional qualifications and term of MPs. From the table, it appears, environment committee of 8th parliament has more graduate (100%) than 7th (60%) & 9th (70%) parliament. Although 40% members of this committee in 7th parliament were undergraduate of which 20% completed matriculation, 30% members of this committee in 9th parliament completed only matriculation. Three members of 9th parliament and one member of 7th parliament have law degree whereas one member in 8th parliament has MBA but none of them of this committee in all three parliaments has specialized degree on environment and development except state minister of forest and environment in the 9th parliament who have been included in this committee later in place of previous state minister.

It appears from above table that businessmen dominated or had equal share in the committee members and they are increasing from parliament to parliament and they reduced the politician to zero in 9th parliament of this committee. But in 8th parliament politicians had equal share of this committee composition with the businessmen. It also reveals that half of the committee members were new comers both in 7th & 9th parliament. Similarly more than half (58.33%) of committee members in 8th parliament were elected 3 times or more. Therefore committee members on environment & forest of the 8th parliament had more educated, experienced and full time politicians.

Activism of the SCM on Environment and Forest of 7th Parliament

During 7th parliament, SCM on Environment and Forest had met 33 times discussed 100 agendas excluding the agenda of last meeting proceedings confirmation and miscellaneous which were common in all meetings except first and 3 special meetings. Most important of these agendas were: discussion on progress of afforestation program; forest conservation; information and activities of Department of Environment(DoE), forest department, National Herbarium(NH), Bangladesh Forest Research Institute(BFRI), Bangladesh Forest Industries Development Corporation(BFIDC); Atia Forest Ordinance 1982; progress of current projects; gardening of various species of flower; formation of environmental courts; legal & illegal saw mills; pending bills of forest department to others; environmental pollution; inspection and investigation reports of different forests regions; bamboo forest of Sylhet; activities of Sustainable Environment Management Program(SEMP) project; making quality pulp from low quality jutes; sound pollution; Dhaka division environmental infrastructure development

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project; control of environmental pollution in Dhaka city; various allegations against forest officials and department, reports published in the newspapers on forest department's irregularities and corruption; biodiversity project of Sundarban and eco-park.

It was found that 39% agendas were evolved from the discussion of previous meetings. Remaining agendas were taken by the committee chairman's own discretion or sometimes request/pressure from interested groups. 28% agendas were directly related to environmental issues whereas 11% agendas were specific to various allegations against officials and forest department. Rest of the agendas were related to the activities, organizational set up, and routine matters of the ministry or departments

It was revealed from scrutinizing the proceedings of this committee, all of the agendas were raised in the committee meetings except 10 and most of the agendas were discussed but agendas relating to the reports only placed, rarely discussed. It is evident from minutes that 3 agendas each of the 5th and 27th meetings were not raised & discussed.

This committee formed three sub-committees of which sub-committee-1 to investigate irregularities and corruption of Project Director of Modhupur rubber garden and misuse of transport; sub-committee-2 to investigate various complains which are received by the office of committee chairman; and sub-committee-3 to investigate the news published in the newspapers on the standing committee and complaint against forest official Mr. Atikul Azam.

Committee visited forests of hill districts, Sundarban, forest division of Sylhet, Atia forests, and offices and departments of the ministry and prepared & placed inspection reports on the visits to the main committee. The study found that the reports of subcommittees 1 & 2 had been placed & accepted, whereas subcommittee 3 neither investigated nor submitted any report to the committee.

Committee Recommendations & Relevancy

This committee in the 7th parliament had discussed on the agendas mentioned earlier and made total 164 recommendations. It made nearly 16% recommendations specifically corruption and irregularities of forest officials and department, 17% recommendations directly related to the environmental issues. Other recommendations were mainly routine matters of the ministry or departments e.g., organizational setup, increase personnel and equipments, etc.

Committee recommended to take necessary actions against two-stroke vehicles which were exhausting black smoke and deteriorating environment (1st meeting); to submit a report containing identification of the problems arising from Atia Forest (Protection) Ordinance 1982 with recommendations on how to solve those problems permanently; to take immediate steps to form environmental court (6th meeting); and to impose the

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maximum tax on imported rubber (7th meeting). It discussed and asked ministry to submit a progress report on control of environmental pollution, sound pollution; and waste disposal in Dhanmandi area of Dhaka (13th meeting), and wanted to know what steps had been taken to control pollution of crowded places where small industries were situated (16th meeting).

It (committee) discussed the bills on Bangladesh Environment Conservation (Amendment) Act 2000, Environmental Court Act 2000 and the Forests (Amendment) Act 2000 and suggested some important amendments (19th meeting). It also proposed some amendments regarding narrowing definition of the fuel wood, heightening chimney, reducing duration of license period, and increasing punishment in terms of imprisonment and money during consideration of Brick burning (control)(Amendment) Bill, 2001(29th meeting).

It also discussed on environmental infrastructure improvement project of Dhaka division and had given direction to take necessary action to finish this project within time limit. It also gave direction to take appropriate projects for conservation of environment of Dhaka city and improvement of environment of the whole country (30th meeting). It also ordered to submit a report on transfer of Hazaribagh tannery in next meeting (31st meeting) but it was not placed.

It requested finance and establishment ministry for giving approval of organizational setup of the forest department to strengthen its capacity (14 meeting), and had informed detailed working of DoE including its budget, transport, ongoing development projects, staff shortages and problems it faced without any discussion on the performance of DoE (27th meeting).

Besides, this committee made recommendations to impose import restrictions on the Eva foam which was causing environmental pollution (20th meeting), to construct incinerator at the clinics and send a request letter to health ministry for not giving permission to set up new clinics in the residential area, and send a request to the commerce ministry to impose ban on importing transport having hydraulic horn (21st meeting).Committee recommended some measures to protect Sundarban from further degradation in light of the findings of visits: set-up patrolling station, increased frequency of patrolling in the sensitive area of Sundarban, increased the fuel budget, stop catching and killing wildlife. It also recommended appointing local/ international expert immediately for identifying the reasons of top dyeing diseases to prevent and cure the diseases.

Additionally, sub-committees also made recommendations on the basis of their investigation. Sub-committee-1 didn't find any irregularities and corruption of Project Director (PD) during investigation. Sub-committee-2 found some evidences of corruption and irregularities in the Sundarban forests region. Divisional Forest Officer (DFO) of Sundarban hadn't provided required documents to the sub-committee. As a result, investigation delayed and suffered from difficulties. Sub-committee-3 neither investigated

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nor submitted any report to the committee. Main committee suggested some measures to curb the corruption and irregularities.

Committee - Ministry Relationship

The relationship between this committee and ministry was cold in the 7th parliament. It was supported from the discussion of committee meetings. In several occasions, committee had referred Rules and other committees' activities to justify their work against the objections raised by the ministry (18th meeting). Committee expressed dissatisfaction with the ministry because not properly valued its recommendations (special meeting).

In 8th meeting, one member said relationship between committee and ministry was not satisfactory. He said, committee was standing on the question of accountability rather than those who were deemed to be asked by the committee. Ministry often assured the committee that reply will be given next meeting but at the next meeting it again sought time. In 9th meeting, chairman warned the concerned not to underestimate the members which being nearly undermine the parliament. In 11th meeting, committee opined that it seemed Chief Conservator of Forest (CCF) didn't show much respect to the rule 248 of Rules and committee took it an objection due to not supplying required information to the committee for investigation. Even Divisional Forest Officer (DFO) Khulna hadn't provided required city books to the concerned sub-committee inquiring irregularities. Therefore committee chair warned the concerned to send required books within 5 days otherwise show cause would be issued (15th meetings).

With reference to article 76(2)(d)4 of the constitution, minister expressed opinion that committee has gone beyond its jurisdiction as mandated in the constitution. Ministry wanted committee's help for better workings but committee started investigation against ministry without informing them which was not good. Chair informed, committee had administered under the jurisdiction of Rules and there was no restriction to investigate irregularities of ministry which hadn't sent by parliament (17th meeting).

Committee asked the reasons of superseding four senior officials giving promotion to CCF. An objection was raised regarding the discussion of four superseded officials to CCF in absence of minister and minister opined it went against the ministry. Minister insisted on deletion of the concerned paragraph from previous meeting's proceedings. Then committee decided to delete the concerned paragraph of previous meeting (32nd meeting).

The reasons for unharmonious relationship between ministry and this committee might be many. Prominent one might be committee chairman was not a minister. Ministers were chairmen of the ministerial committees up to 6th parliament. Therefore, ministry as well as committee had faced difficulties to accommodate themselves in the changing environment. Another one might be the minister was a senior most leader in the party

4 Matters only sent by Parliament to the committee.

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hierarchy than chairman. Minister might not be willing to accept the direction from committee which was composed of comparatively junior party leaders. On the other hand, bureaucrats were not used to this changing environment. They are in vulnerable position because minister is no longer chairman of the committee. Their weaknesses and irregularities were exposed to the committees. Therefore bureaucrats might have little interest to implement the committee recommendations.

Implementation Status of Recommendations

It is clear from the discussion of previous section, the relation between studied ministry and committee was not harmonious. In 10th meeting, ministry informed some implementation status of previous recommendations made by the committee though discussions were not completed, only status of 1st, 2nd, 8th and 9th meetings were discussed.

In the implementation of the committees' recommendations, the evidence showed that ministry was reluctant to address the issues. Committee members expressed their dissatisfaction on the implementations status of committee recommendations in several times. For example, committee discussed the non-implementation of committee recommendations by the ministry in 5th and special meetings. Even they were not happy with the reports presented by the ministry due to its insufficient information and incompleteness. As a result, implementation of committee recommendations was low. Available records have shown nearly 47% committee recommendations were not implemented during 7th parliament.

It was reveled that the nature of implemented recommendations were simple & routine matters of the ministry or departments. Most of it was submission of status reports on different issues of the ministry or departments, investigation reports on corruption & irregularities, schedule of committee discussions & issues, request letters from environment ministry to other ministry, and visits of departments, forests and other offices. Others were amendments of four environmental bills, sub-committees formation and its investigations.

However, committee had prepared & presented a report to the House on the day before the last sitting of the 7th parliament containing all the proceedings of the meetings and inspection & investigation reports. After presentation, the report had been withdrawn from the House on the ground of incompleteness on the same day.

Activism of the SCM on Environment and Forest of 8th Parliament

The Standing Committee on Ministry of Environment & Forest of 8th parliament had met 28 times discussed 61 agendas excluding confirmation of last meeting proceedings and miscellaneous agendas which were common in all meetings except first meeting.

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The topics of agendas were varied from informing the activities of ministries and its department's along with its organizational setup, and corruption & irregularities of officials to environment related issues. The Standing Committee on Ministry of Environment & Forest of 8th parliament had met 28 times discussed 61 agendas excluding confirmation of last meeting proceedings and miscellaneous agendas which were common in all meetings except first meeting.

Most important of these agendas were: discussion on air quality index; illegal hill cutting; implementation progress of national forest principles, information and activities of DoE, NH, BFRI, BFIDC & forest department ; control of polythene bag uses; Tanguar Hawar; complaints against forest officials, subcommittees reports; sound pollution and its environmental effects; top dyeing diseases and wildfire in Sundarban; establishment of campus of University of Development Alternative(UODA) in the forest land; implementation status of committees recommendations; afforestation program; illegal logging in different forests; Sundarban's past, present & future; social forestry program; eco-park; steps so far taken by the ministry to protect environment and what are required in future; imported & private log; pollution of Buriganga river; hearing of experts on top dyeing diseases of Sundaree trees; coconut trees plantation programs; report published in the newspapers on forest department's irregularities and corruption, overall condition of Sylhet forests; afforestation in new char land; environmental pollution by leaded gasoline & oil; pollution from brick field & cement industries; biodiversity project of Sundarban.

It is found that 52% agendas were evolved from the discussions of previous meetings. Rest of the agendas was taking by the committee chairman's discretion or sometimes pressure/request from interested groups or from committee members. 34% agendas were directly related to environmental issues (e.g. air quality, sound, environmental & river pollution, hill cutting, forestations, Tanguar Hawar, eco-parks, etc.) whereas 11% were related to corruption and irregularities of officials and departments. Rest of the agendas was related to activities, organizational set up and routine matters of the ministry or departments.

It is revealed from scrutinizing the minutes of the committee, all the agendas were raised in the committee except one and most of the agendas were discussed but some agendas relating to the reports only placed not discussed. There were no evidences in the minutes that the 3rd agenda of the 25th meeting was placed. It was the implementation progress report on the recommendations of the committee from 1st to 10th meetings.

Committee formed 11sub-committees to inspect unoccupied land of forest department and Chatak Paper Mill (Subcommittee-1); to review and inspect the matters on Tanguar Hawar(Sub-committee-2); to investigate allegations against ex-DFO Mr. Tapan Kumer Dey, Mr. Abdullah Al Mamum Chowdhury and Mr. Faroque Hossain ( Sub-committee-3); to investigate complaints arose against deputy conservator of forest (current charge) Mr. Md. Osman goni( Sub-committee-4); to review and inspect the conditions of planted

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coconut tree throughout the country( Sub-committee-5); to investgigate the matters on log smuggling and damage of wood in the range of Kaptai & Karnaphuli of Rangamati circle( Sub-committee-6); to investigate the matters why the report of National Security of Intelligence(NSI) & Director General of Federal Investigation(DGFI) against some corrupt officials were not placed before minister and why this report was disclosed before imposing punishment( Sub-committee-7); to scrutinize complaints of irregularities & fund embezzlement against Sylhet DFO Mr.Abdullah Al Mamun( Sub-committee-8); to inspect & investigate environmental damages causing from explosion of Tengratila gas field (Sub-committee-9); to inquire into the allegations on captured wood log by the forest division of Rangamati, Khagrachari & Bandarban ( Sub-committee-10); and to investigate the matters relating to the invalid car of Chittagong forest division and illegally grabbing forest land by the peoples( Sub-committee-11).

The evidences showed that the reports of subcommittees 1, 2, 5, 7, 9, 10 & 11 were discussed & accepted whereas reports of the subcommittee 3, 4 & 6 only submitted & accepted not discussed in the committee. Subcommittee 8 neither met nor submitted any report to the committee.

Committee Recommendations & Relevancy

During the tenure of 8th parliament, this committee had discussed on agendas described earlier section and made total 158 recommendations. They had made nearly 11% recommendations specifically related to the corruption and irregularities of forest officials and departments, and 37% recommendations directly relevant to the environment related issues. Other recommendations were mainly routine matters of the ministry or departments e.g., organizational setup, increase personnel, equipments, etc.

It recommended to set up 5 eco-parks in different regions of the country, to give a permanent status to national herbarium, to prepare a project to destroy all types of polythene, to suggest media campaign for stopping polythene use, to suggest finding out the alternatives of polythene, to take necessary actions for conserving Sundarban, to revise MOU of Tanguar Hawar, to elicit public opinion through seminar & wide circulation on sound pollution affecting environment, to take necessary actions on decisions made between consultation of finance minister & convener of subcommittee on Tanguar Hawar, all aforestation programs should be taken under supervision of forest department instead of roads & highways, to give permission to set up UODA campus on their land in the forest of Gajipur, to ban hill cutting & to make a law with punishment provisions, to stop fisheries completely in the Ram Sagar, Rani Sagar & Ramrai, to temporarily stop felling top dyeing trees in Sundarban for the sake of more examination.

It also recommended to setup army's camp beside forest departments camp to protect log smuggling & to cut trees, to arrange inter-ministerial meeting for afforestation in hill districts, to supply speed boat or rescue boat and wireless sets to the forest security personnel for protection of log smuggling & to improve overall security of Sundarban, to

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restart Sundarban biodiversity project, to make boundary fence protecting wild life of Shrimangal forest, to appoint a capable lawyers to deal with the legal matters arising from Tanguar Hawar development project, to consider imposition of service charge to transfer of log from proprietary land within forest region, to strengthen sudden visits to the market and factories to caught the culprits of polythene producers and sellers, to make arrangement for transferring khas land under forest departments control for afforestation, to enquire whether tobacco companies obey the conditions of environment clearance certificate or not, to arrange workshops & seminars on the technology innovated by the BFRI, to determine whether Niko company breached the conditions of environmental clearance certificate in Tengratila gas field and send report to the energy ministry, to prepare projects which would improve the forest of Sylhet division, to take stern actions against those who were illegally occupied forest land and recover it from them, to take a project for continuous recycling of polythene.

It also made recommendations to improve logistic & personnel capacity of ministry of environment and forest as well as its departments (Environment & forest) and subordinate offices (BFRI, BFIDC, National Herbarium). This committee formed 11 subcommittees 7 of which formed for investigating irregularities & corruption of forest department and its officials. Committee accepted subcommittees' recommendations and sent those to the ministry for further actions.

The committee gave importance to the social forestry program, control of polythene use, air pollution by smokes from vehicles, brick fields, cement factories, illegal hill razing, lead free petrol. It discussed on these matters and recommended to take necessary actions in the 2nd & 3rd meetings.

Committee also discussed setting up a campus of the University of Development Alternative (UODA) in the core forest area. Some committee members & forest departments had shown the reasons not to giving any land to any body/ institutions in the core area of forest. Chair cited examples of industry setting up in this area. Since inter-ministerial committee had decision on setting up educational institutions or agro-based industries in the forest area, the committee recommended giving permission to setup UODA campus in their land in forest (8th meeting). This issue also discussed in the 27th meeting and ministry informed the committee that it had been sent to the prime minister for approval.

Committee discussed in details on the sound pollution and its consequence to the environment in 7th meeting. Committee considered sources of sound pollution, law available to control, bad effects on environment & human health, and measures to be taken. They recommended eliciting public opinion through circulations & seminars on the sound pollution and its bad effects.

Committee also discussed the bad consequences of hill cutting (8th meeting), zhum farming (9th meeting), Air pollution, pollution from stone crash (15th meeting), pollution

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of Buriganga river water (18th meeting), pollution from textiles mills and pharmaceuticals industries(24th meeting), and recommended to take necessary actions to stop these environmentally harmful activities or to make legal provisions to save our environment. Committee also discussed the reasons of declining revenue earnings of this ministry and suggested to increase it (23rd meeting) by strengthening income generating activities.

Committee visited Sundarban discussed with experts of Sundree trees and suggesting not to cut top dyeing trees now. Committee also discussed in details on the Tengratila gas explosion and its bad consequences on the environment & people, and suggested some important measures.

In addition to that 10 sub-committees also made recommendations on the basis of their investigations. Sub-committee-3 found guilty two officials out of three. Sub-committee-4 proposed freeing from charges of complains against the concerned officers but found evidence of corruption of another officer during their investigations. Remaining 8 Sub-committees inspected, reviewed and investigated the matters according to their terms of references and forwarded their suggestions to the main committee to improve the situation.

Implementation Status of Recommendations

In the implementation of the committees' recommendations, ministry tried to address the issues. From scrutinizing all the proceedings and report of this committee, it was found that 27% of the recommendations were fully implemented, 27% recommendations were partially implemented and implementation of 9% recommendations were delayed, whereas 37% recommendations were not implemented because of complex nature. Nature of non-implemented recommendations was complex mostly required to involve other ministries help for implementation. The higher implementation rate in 8th parliament of this committee, mainly due to the simple nature of recommendations e.g., it recommended to place status or investigation reports on various matters and ministry submitted it accordingly. When recommendations involved other than status or investigations reports then implementations were delayed or partially implemented.

The important recommendations which were implemented includes: National Herbarium was given status of attached department, media campaign against polythene use, experts consultation with top dyeing disease of Sundarban, Stop of cutting top dyeing trees, investigations of different Sub-committees, recommendations of Sub-committees and establishment of eco-parks.

However, committee members expressed there dissatisfaction in several occasions on the implementations status. Even they were not happy with the reports presented by the ministry due to its insufficient information and incompleteness. In the 8th meeting, chair warned the concerned officials and gave direction that in future the reports to be

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presented in the committee should have detail & complete information. In the 27th meeting, one committee member said that some recommendations still not implemented and many are under process even the implementation report submitted by the ministry was not contain complete data.

Committee presented a report to the parliament containing agendas & decisions of the meetings along with what action had been taken by the ministry on the committee recommendations. This report contained up to 26th meetings of the committee. This is a very good attempt by the committee; at least, they exposed their work through parliament to the public by this report. Therefore this committee has shown some transparency to their work.

Committee Resources

Committee resources both logistics and personnel has provided by the Parliament Secretariat. During 7th parliament committee section-7 of the secretariat had provided secretarial assistance to this committee. Committee section-8 has provided secretarial assistance to our studied committee from 8th parliament. Committee section-7 had 5 staff including section officer and their educational background was general in nature. Moreover this section had also assisted three other committees which clearly showed they had less time to concentrate on environmental issues. Committee section-8 has been supported by 5 staff including section officer. It is to be mentioned here that section officers during the tenure of 8th parliament were worked on their additional duties. This section has additional two committees to be assisted. In terms of logistics support committee chairman has got office and personal staff with computers in the 8th parliament. But no committee member had got any logistic support from parliament to perform his duties except residence, remunerations and allowances. Now Speaker of 9th Parliament has decided to provide offices to the MPs and he has already distributed some rooms to the MPs. Moreover there were no research facilities provided on the environment issues to the committee members. All these drawbacks handicapped the committee member's ability to effective monitoring and overseeing the environmental issues in parliamentary committee and limiting the oversight capacity of parliament to protect our environment.

New Provision for Calling Attention Motions

A written statement on all the calling attention notices which were spoke by the MPs(as per rule 71A of Rules) at the first session has been laid on the Table at 2nd sitting of the 2nd session of 9th parliament. In these statements, Environment & Forest minister has replied all eight matters of urgent public importance related to this ministry. Matters includes: protection of environment of Sundarban's coastal area, stop extraction of ground water for KAFCO, controlling pollution of Buriganga & nearby rivers, environmental clearance certificate for small industries, prevention of pollution of Kaliganga & Dhaleshawri rivers, protection of life & wealth of border regions from wild elephants,

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project to save monkeys in Madaripur, and forcibly afforestation at the privately owned land in Mymenshing. Minister specified the present situation and actions to be taken on these matters in his reply (BJS 2009:43-50).

Limitation of Parliamentary Control in Environmental Issues

Parliamentary control is different from general concept of control used mostly in a hierarchical sense. [Parliamentary] Control means ''influence, not direct power; advice, not command; criticism, not obstruction; scrutiny, not initiation; and publicity, not secrecy.''(Crick 1968:6).

Committees in many parliamentary democracies are often treated with much respect; their suggestions/recommendations are conventionally honored. But in Bangladesh available evidence shows that the ministries do not voluntarily agree to implement the recommendations made by different committees. Most of the recommendations generally remain unimplemented or partially implemented and also outside the public purview (Ahmad 2006:132-33). From previous discussion on the activities of SCM on Environment and Forest we can reach same conclusions.

This committee faced the obstacle to access important documents. Despite repeated requests, ministry did not make available some documents. Another factor limiting the effectiveness of this committee is lack of consistency between issues discussed in committee meetings and the decisions actually taken. Committee discussions often lacked focus seemingly free rider. Lack of (positive) attitude of the bureaucracy and minister presence as a member of the committee is another impediment of effective parliamentary control. Officials generally appeared before this committee to clarify and explain their action not as witness to secure accountability.

The ministry of environment and forest alone had not able to implement all the committees' recommendations due to its jurisdictions. Other relevant ministries (e.g., land, water resources, industries, agriculture, etc.) need to be involved in the parliamentary scrutiny on environmental issues. Therefore it is required to form a joint committee to coordinate all the concerned ministries to holistically address on environment related matters. The SCM on Environment and Forest has to work in an environment with limited resources, without expertise and antagonistic to its natural growth.

A Comparative Perspective of SCM on Environment and Forest

A holistic comparison of the SCM on Environment and Forest among the 7th, 8th & 9th parliament of Bangladesh have shown in appendix 2. Form the appendix, it reveals, during the 7th parliament this committee met 33 times with annually 10.44 meetings on average. On the other hand during the 8th parliament this committee met 28 times in total and 8.75 times annually. Similarly, on average 6.49 and 5.04 members were present and 2.38 hrs and 2.13 hrs spent on deliberations in this committee meetings of 7th & 8th

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parliament respectively which shows SCM on Environment and Forest of 7th parliament were more active than 8th parliament.

There was no evidence to pass any environmental laws without scrutiny of standing or special committees in the 7th parliament but two environmental laws had passed in the 8th parliament without scrutiny of any committee. It was seen from the proceedings of SCM on environment & forest, four environmental laws had been scrutinized by this committee and made some important recommendations. Two environmental laws (i.e. Bangladesh Environmental Conservation (amendment) Bill 2002 and Environmental Court (amendment) Bill 2002) had been passed in the 8th parliament as it was presented in the parliament without any amendment5. It is revealed from this evidence that delayed formation of committees limiting the ability of parliamentary scrutiny and oversight to accountable the executive.

It also needs to mention here that this committee had not met the obligations of Rules to sit within a month. Records had shown that this committee had not met within one month 15 times in 7th parliament and 17 times in 8th parliament. It is also seen from the proceedings, committee member Mr. K. M. Obaidur Rahman of 7th parliament and Mr. Bir Bahadoor of 8th parliament were completely absent all of the committee meetings. Another member of 8th parliament Mr. Mahi B. Chowdhury was present only first two meetings. Though Mr. Rahman was in Jail, the reasons of other two members absent were not clear. The records also have shown the committee members of 8th parliament were more irregular to be present in the meetings of this committee but its subcommittee had done their tasks & submitted reports to the committee except one.

It is also found that minister was absent 5 and 3 meetings respectively in 7th and 8th parliament of this committee. It is evident that other members were strongly criticized the activities of ministry's and its departments in absence of minister in the committee meetings. It can be inferred that ministers' presence in the committee as member limiting the committees' oversight functions.

There is a provision in the Rules (rule 193) if any member successively absent two meetings of a committee without permission of the committee, a motion can be moved in the parliament for his removal from the committee. No activities were found in this regards.

It is seen that this committee in 7th parliament had more active in terms of frequency of meetings, number of agendas discussed, time spent on deliberations and member attendance whereas this committee in 8th parliament had shown more focus on environment in terms of agendas (34%) discussed and recommendations (37%) made and produced one report containing the activities of the committee6.

5 See the proceedings of the 32nd sitting of 2nd session of 8th parliament (BJS 2002:62-80)6 See Appendix 3

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It is to be mentioned that this committee in both term discussed heavily on miscellaneous agenda and made higher proportion of recommendations from that, 32% & 28% in 7th and 8th parliament respectively, which means committee members relied more on unscheduled issues than predetermined issues. Besides, this committee had discussed 23 important issues and taken considerations but not included in its final recommendations thereby these considerations were not put into actions in 7th parliament, in 8th parliament these things happened 10 times.

In considering the activity of SCM on Environment and Forest of 9th parliament, so far it has met 4 times discussed on environmental issues, corruption, irregularities and formed a sub-committee to examine ministry's past corruption & irregularities, to solve complexities arising from Atia Forest Ordinance 1982, river pollution and grabbing land and report on it to the main committee. This sub-committee also met 4 times up to 6th August 2009. It is too early to comment on the performance of this committee now.

Conflict of Interest

From the discussion of members' professional background in earlier section, it is evident that at least half of the committee members were businessmen. There was no concrete evidence to prove that they had work for their own business or vested groups interest. Whatever evidences found suggests that they had work for their constituency or regional interest. It is justified because they had pledged to improve the conditions of their constituency during election campaign. For example, a member from Tangail district raised the issue of Atia Forest Ordinance which had already created lots of trouble to his people. Similarly members from Sylhet and Gaibanda raised the issues of Sylhet forest and afforestation of WAPDA dam respectively.

There are a few evidences found which might have some conflict of interest. At the 7th meeting of 7th parliament of this committee recommended imposing maximum tax on imported rubber to protect local rubber industries. At the 20th meeting of the same committee again recommended imposing import restrictions on Eva Foam. In committee consideration, the Eva foam was polluting environment. But how committee to be confirmed only Eva foam polluted environment was not discussed.

In the 8th parliament, this committee had recommended to give permission to set up campus in the core area of Gajipur forest. Whereas forest officials raised objection in this case but after several discussions committee recommended giving permission. In another case, committee also frequently discussed the leasing and situation of Tanguar Hawar. Committee assigned a member to discuss with the then finance minister for settling this issue. These evidences have created some doubt that there might have some vested interest.

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Chapter Five

Conclusion

From previous discussions it has shown SCM on Environment and Forest of 7th parliament had given more importance to the routine matters of the ministry, its department activities & irregularities and corruption of staff than 8th parliament. But this committee of 8th parliament had given emphasis on both routine matters and more importantly on environmental issues. This committee in 7th parliament made nearly 16% recommendations on corruption and irregularities which were 50% more than 8th parliament, i.e. about 11%.

This committee in 7th parliament had met 33 times with annually 10.44 meetings on average, in 8th parliament it had met 28 times in total and 8.75 times annually. Similarly, on average 6.49 and 5.04 members had present and 2.38 hrs and 2.13 hrs had spent for deliberations in this committee meetings of 7th & 8th parliament respectively. Which shows SCM on Environment and Forest of 7th parliament were more active than 8th parliament. In 8th parliament this committee had focused more on environment in terms of agendas (34%) discussed and recommendations (37%) made with produced one report to the parliament containing the activities of the committee. It had discussed heavily on miscellaneous agenda and made nearly 30% of recommendations from that both in 7th and 8th parliament, which means committee members relied more on unscheduled issues than predetermined issues.

This committee in 8th parliament was used more deterrent power, i.e., conducting inquiries into different aspects of the working of ministry than 7th parliament. It had formed 11 and 3 Sub-committees to investigate corruption and irregularities of which 10 and 2 Sub-committees investigated the maters and reported to the main committee for necessary actions in the 8th and 7th parliament respectively.

The relationship between this committee & environment ministry was more harmonious during 8th parliament than 7th. During the 7th parliament, this committee had struggled for upholding its mandate. Several occasions, officials concerned had warned by the committee. Even minister not agreed upon committees recommendations & dissatisfied with committees scrutiny over the ministry. As a result, implementation of this committee recommendation was nearly 53%, which was lower than the same committee of 8th parliament.

On the other hand, at the 8th parliament, this committee had good relationship with the ministry. Ministry had tried to address nearly 63% recommendations. Although this committee had more educated and experienced members, they had attended irregularly in the committee meetings means they have had occupied with other businesses. This committee had discussed with the expert on the top dyeing diseases of Sundree trees but

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in the 7th parliament there was a decision in the 17th meeting to call the experts but it was not implemented.

It also needs to mention here that this committee had not met the obligations of Rules to sit within a month. Records had shown that this committee had not met within one month 15 times in 7th parliament and 17 times in 8th parliament. It is also seen from the proceedings that one committee member in 7th parliament and in 8th parliament were completely absent all of the committee meetings. There is a provision in the Rules (rule 193) if any member successively absent two meetings of a committee without permission of the committee, a motion can be moved in the parliament for his removal from the committee. No activities were found in this regards.

Most of the time committee's discussions were general in nature on environmental issues and very often switched to other issues without completion the discussion. Hence, outcome of the meetings were lacking coherence with the agendas. This committee had adopted a very good practice from 8th parliament: ministry had to report on the implementation status of previous meetings decisions to the next meeting. There were evidences that the decisions of the committee meetings had not reflected to the next meeting. It has created difficulties to track the implementation status of this committee in the7th parliament.

So far this committee in 9th parliament met 4 times discussed on environmental issues, corruption, irregularities and formed a subcommittee which also met 4 times up to 6 August 2009. It is too early to comment on the performance of this committee now.

From the background characteristics, it is evident that at least half of the committee members were businessmen. There was no concrete evidence to prove that they had worked for their own business or vested groups interest. Committee members were freely criticized the activities of ministry's and its departments in absence of the minister in the meetings. It can be inferred that ministers' presence in the committee as member limiting the committees' oversight functions. It is also revealed from the evidence that delayed formation of ministerial committees limiting the ability of parliamentary scrutiny and oversight to accountable the executive. The SCM on Environment and Forest has to work in an environment with limited resources, without expertise and antagonistic to its natural improvement.

Recommendations

Considering above discussions, the following steps are required to better scrutiny and oversee the environmental issues in the SCM on Environment and Forest to protect our environment:

29

1) Committee members should be chosen considering their educational background & interest on environment & development rather arbitrarily.

2) Provide research facilities to committee members & properly equipped concerned assisting sections of parliament secretariat through designate officers who have knowledge on environment & development.

3) Since committee members has educational background general in nature, periodic information sharing meeting on environment & development issues to be arranged for their clear understandings of the issues.

4) Committee should submit periodically, at least annually, action taken report to the parliament containing committees' recommendations and actions taken by the ministry on it to inform their activities to the public.

5) Expert's hearings on environment should be practiced in the committee meetings when discussed complex environmental issues.

6) Committee discussion should be focused on more environmental issues than routine matters of the ministry or departments.

7) Committee stage scrutiny of environmental laws should take more time to consider. There was a evidence that committee only took 2 days to consider 3 environmental bills in the 7th parliament.

8) Since environmental issues deals with different ministry other than environment & forest ministry, it is required to form a joint committee to coordinate all the ministries to holistically address on environment.

9) When violating Rules to convene meetings or attendance of members in the meetings take appropriate actions as per Rules.

10) It is required to study on all the concerned ministries' standing committees activities to better understand the scope and limits of parliamentary control and oversight on the environmental issues.

30

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Appendices

Appendix 1: Summary of Various Individual Techniques Practicing in Bangladesh Parliament

Types of

individual

Techniques

Frequency of

Occurrence

Duration

required

for Notice

Consultation

with leader of

the House

Admissibilit

y criteria

Other

MPs

support

Maximum

Limits to

accept

Question Every sitting

day except the

day budget is

presented

clear 15

days

N/A* Rules 53, 54

& 55

Not

required

1 oral & 3

written for

each MP

every day

Short-notice

question

Do on or

before 5

days

N/A

ministers' need

agree to reply

Rule 59 Not

required

No limits

Half-an-hour

discussion

Only two

sitting days in

a week

clear 3

days

N/A Rule 60 Not

required

2 notices

for each

week

Adjournment

motion

Any sitting

day except the

day budget is

presented

2 hours

before

commenc

ement of

sittings

N/A Rule 63 25 MPs

support

required

if

objection

raised

Maximum 2

hours on the

day

determined

by the

Speaker

Short duration

discussion

2 sitting days

in a week

Clear 2

days

Required Rules 68-

69(1)

5 more

MPs

signature

1 hour for

selected day

Calling

attention to

matters of

urgent public

importance

Any sitting

day

2 hours

before

commenc

ement of

sittings

N/A Rule 71 Not

required

3 notices.

15 MPs to

read only

their notices

within 30

min.

N/A - Not Applicable.

Source: Rules of procedure of Bangladesh Parliament (BJS 2007:15-24). Compiled and made by the author.

34

Appendix 2 : Nature of Activism of Standing Committee on Ministry of Environment & Forest

Variables ParliamentSeventh Eight Ninth*

Date of Parliament convened 14.07.1996 28.10.2001 25.01.2009Date of Parliament dissolved 13.07.2001 27.10.2006 -First date of Committee formation 12.05.1998 15.07.2003 18.02.2009Date of committee first met 03.06.1998 15.09.2003 20.04.2009Total of number of meetings held 33 28 3Average number of meetings held per year 10.44 8.75 na

Average attendance of committee members (per meeting)

6.491 5.042 8

Average time spent for deliberations per meeting

2.38 hrs3 2.13 hrs4 3..06 hrs

Average frequency of committee meetings 32.42 days5 39.18 days6 33 daysNumber of reports presented

Bills 4 0 0Others 0 1 0

Numbers of sub-committees formed 3 11 1Number of subcommittees meetings held

Sub-committee 1 Inspection Inspection 3Sub-committee 2 Inspection InspectionSub-committee 3 3Sub-committee 4 2Sub-committee 5 1Sub-committee 6 InspectionSub-committee 7 2Sub-committee 8 -Sub-committee 9 1Sub-committee 10 2Sub-committee 11 Inspection

Terms of reference of subcommitteesSubcommittee 1 To investigate the allegations

of irregularities & corruption against Mr. Md.Abdul Hannan, PD of Modhupur rubber garden project and to submit a report on it in the next meeting of the main committee.

To submit a report by inspection within one month on the land which is freed by Chatak paper mill of Sylhet

To examine ministry's past corruption & irregularities, to solving complexities arising from Atia Forest Ordinance 82, river pollution and grabbing land and report on it to the committee.

Subcommittee 2 To inspect & investigate the allegations against forest departments of Sundarban, Chittagong, Sylhet & other regions, and made separate report on each area to the chair of the committee.

To review and inspect the matters on Tanguar hawar and to present a report on it to the main committee.

Subcommittee 3 To investigate the reports published in the daily Rupali and daily Matribhumi on 29-11-2000 on the matters relating to forest department and to submit a report on it in the next meeting of the main committee.

To investigate allegations against ex-divisional forest officers Mr. Tapan Kumer Dey, Mr. Abdullah Al Mamum Chowdhury and Mr. Faroque Hossain by reviewing files/records

Subcommittee 4 To investigate complaints rose against

35

deputy conservator of forest (current charge) Mr. Md. Osman goni and to submit a report to the main committee.

Subcommittee 5 To review and inspect the conditions of planted coconut tree throughout the country and to present a repot on it to the main committee.

Subcommittee 6 To investgigate the matters on log smuggling and damage of wood in the range of Kaptai & Karnaphuli of Rangamati circle.

Subcommittee 7 To investigate the matters why the report of NSI & DGFI against some corrupt officials were not placed before minister; why this report was disclosed before imposing punishment and why the officials got price posting who have allegations in this report: and recommend a draft principles of transfer and made a report to the main committee within 3 months.

Subcommittee 8 To scrutinize complaints of irregularities & fund embezzlement against Sylhet divisional forest officer Mr.Abdullah Al Mamun.

Subcommittee 9 To inspect & investigate environmental damage causing from explosion of Tengratila gas field explosion in Sylhet and to present a report to the main committee immediately on it.

Subcommittee 10 To inquire into the allegations on capturing wood log by the forest division of Rangamati, Khagrachari & Bandarban districts and to place a report to the main committee containing recommendations to resolve the matters.

Subcommittee 11 To investigate the matters relating to the invalid car of Chittagong forest division and illegally grabbing forest land by the peoples and to submit a report within next 2 months to the committee.

Sum-committees prepared reports

2 10 0

1. Minister absent 5 meetings, 2. Minister absent 3 meetings, 3. Duration is available only for 22 meetings, 4. Calculations are done from available 8 meetings duration data, 5. 15 times violate Rules to convene committee meetings, 6. Violate Rules 17 times to convene meetings. * Data available up to 14.07.2009 of 9th parliament.

Source: Compiled and calculated by the author from all the proceedings of the SCM on Environment and Forest, reports of all subcommittees of this committee and notices of convening meetings of 7th, 8th parliament (PS, 1997-2009). In the 9th parliament, calculations are done based on the data of first two meetings of this committee. Report of the SCM on Environment and Forest to the 8th parliament (PS, 2006).

Appendix 3: Comparative Findings on Agendas and Recommendations of SCM on Environment and Forest between 7th and 8th Parliament.

36

Variables 7th Parliament(% in approx. terms)

8th Parliament (% in approx. terms)

Total no. of meetings 33 28Total no. of agendas 100 61

Agendas evolved from committee meetings

39% 54%

Agendas specific to environment 28% 34%Agendas specific to corruption & irregularities

11% 11%

Agendas not discussed in meetings 10 1Total no. of recommendations 164 158

Recommendations took from miscellaneous discussions

32% 28%

Recommendations related to corruption & irregularities

16% 11%

Recommendations specific to environmental issues

17% 37%

Recommendations implemented 53% 63%

Source: Compiled and calculated by author from the agendas and proceedings (SCM on Environment and Forest) of 7th & 8th Parliament (BJS 1998-2006).

Dissertation

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